What to Expect: Commercial Litigation Timeline

Pre-Litigation

Before a lawsuit is filed, there is usually a period of investigation, demand letters, and attempted resolution. This phase can last days or months depending on the urgency of the situation. Some disputes are resolved during this phase through negotiation. Others require litigation because the opposing party refuses to engage or the situation demands immediate court intervention.

Pleadings Phase

The litigation formally begins when a complaint is filed and served. The defendant has a set period to respond, typically 20 to 30 days in New York state court. The answer may include counterclaims and affirmative defenses. Motions to dismiss may be filed at this stage, challenging the legal sufficiency of the claims. This phase typically takes two to four months.

Discovery

Discovery is usually the longest phase. Both sides exchange documents, answer interrogatories, and conduct depositions of witnesses. In complex commercial cases, document discovery alone can take months. The discovery phase in a typical commercial case lasts six months to a year, though courts can set compressed schedules when circumstances warrant.

Motion Practice and Trial Preparation

After discovery closes, parties may file motions for summary judgment seeking to resolve all or part of the case without trial. If the case is not resolved on summary judgment, it proceeds to trial preparation, including witness preparation, exhibit organization, and pre-trial motions. Trial itself can last days to weeks depending on case complexity.

Settlement Can Happen at Any Stage

The majority of commercial cases settle before trial. Settlement discussions can happen at any point in the litigation, and the dynamics shift as the case develops. Cases often settle after key depositions reveal the strength of the evidence, after a significant motion ruling changes the landscape, or as trial approaches and both sides face the cost and uncertainty of a verdict.